HBA-LCA H.B. 1884 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1884 By: Grusendorf Juvenile Justice & Family Issues 4/4/1999 Introduced BACKGROUND AND PURPOSE In order to ensure that child support enforcement and collection efforts are conducted efficiently, counties need access to certain information at the state and federal level. Additionally, the federal government has mandated that the states adopt standardized systems of enforcement and collection. H.B. 1884 strengthens the law that requires the employer of an obligor to comply with child support collection efforts. It allows domestic relations officers or friends of the court, who operate at a county level, to retrieve information from state and federal registries. H.B. 1884 also provides that the Title IV-D agency must pay for the costs of establishing and maintaining the state registry and disbursement unit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 158.206(b), Family Code, to provide that an employer who does not comply with an order or writ of withholding is liable to the obligor for interest that accrues under Section 157.265, Family Code (Accrual of Interest on Child Support). SECTION 2. Amends Chapter 158, Family Code, by adding Section 158.212, as follows: Sec. 158.212. IMPROPER PAYMENT. Requires an employer who has remitted an improper payment to remit payment to the Title IV-D agency (agency) or person identified in the order of withholding within two working days after receiving the returned payment. SECTION 3. Amends Chapter 202, Family Code, by adding Section 202.006, as follows: Sec. 202.006. FEES. (a) Provides that the court may authorize a friend of the court to receive a monthly child support service fee not to exceed $5 to be paid by a managing conservator and possessory conservator. (b) Requires that the fee be deposited into the friend of the court fund of the county in which the court sits. (c) Requires the local administrative district court judge to administer the friend of the court fund. SECTION 4. Amends Section 203.004(a), Family Code, by adding Paragraphs (A) and (B), as follows: (A) Created from existing text. Makes a conforming change.. (B) Authorizes a domestic relations office to assist in negotiating a repayment schedule for delinquent child support as an alternative to filing a suit to enforce a court order. SECTION 5. Amends Section 203.007, Family Code, as follows: (a) Updates language to refer to the Texas Workforce Commission, rather than the Texas Employment Commission. (c) Makes a conforming change. (d) Entitles a domestic relations office, as permitted by federal law, to obtain certain specified information from the national directory of new hires. (e) Entitles a domestic relations office, as permitted by federal law, to obtain certain specified information from the state case registry records. (f) Redesignated from Subsection (d) (g) Redesignated from Subsection (e). Makes a conforming change. (h)-(j) Redesignated from Subsections (f)-(h). SECTION 6. Amends Section 231.205, Family Code, by adding Subsection (a) and amending Subsections (b) and (c), as follows: Sec. 231.205. New title: REQUEST FOR APPROPRIATION; LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS. (a) Requires the agency to submit to the legislature an appropriations request for reimbursement of fees not reimbursed by the federal government. Prohibits the agency from spending those funds for any other purpose, and provides that the agency is liable for fees and costs if it fails to make a request under this subsection. (b) Provides that the agency is liable for fees and costs under this subchapter except as provided by Subsection (a) and Chapter 234.006, Family Code (Return of Payments). Makes a conforming change. (c) Created from existing text. SECTION 7. Amends Section 231.303(d), Family Code, to authorizes the agency to disclose information in compliance with Section 233.001, Family Code (Request for Information). SECTION 8. Amends Section 233.001, Family Code, as follows: Sec. 233.001. REQUEST FOR INFORMATION. (a) Makes conforming changes. (b) Removes friends of the court and domestic relations officers from the list of entities to whom the state registry is required to give certain information. (c) Requires the state registry to provide certain information to a friend of the court or a domestic relations office under Subsection (a). SECTION 9. Amends Section 233.003, Family Code, to prohibit the agency from requiring an application for services as a condition for releasing information under Section 233.001 (Request for Information). SECTION 10. Amends Subchapter A, Chapter 234, as added by Section 94, Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, Family Code, by amending Section 234.001 and adding Sections 234.006 and 234.007, as follows: Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED REGISTRY AND DISBURSEMENT UNIT. Requires the state case registry and disbursement unit to transfer certain information to the local registry each day, in a medium acceptable to the county. Sec. 234.006 RETURN OF PAYMENTS. Requires the state disbursement unit to distribute a payment, within two working days after its receipt, to the agency or the obligee. Requires the state disbursement unit to return the payment if it does not process child support payments for the case. Sec. 234.007. COSTS AND FEES. (a) Provides that the agency is liable for the costs of establishment and operation of the state case registry and disbursement unit. (b) Requires the agency to reimburse a county for expenses incurred in establishing and operating the state case registry and disbursement unit. (c) Prohibits the agency from charging the county a fee for use of the state case registry and disbursement unit. SECTION 11. Effective date: September 1, 1999 Makes application of this Act prospective. SECTION 12. Emergency clause.